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H. Payment shall be made only after receipt and approval of goods and services unless <br /> advance payments are authorized by the Chief Financial Officer of the State of Florida under <br /> Chapters 215 and 216, Florida Statutes. If the DEPARTMENT determines that the performance <br /> of the COUNTY in unsatisfactory, the DEPARTMENT shall notify the COUNTY of the <br /> deficiency to be corrected,which correction shall be made within a time frame to be specified by <br /> the DEPARTMENT. The COUNTY shall,within five days after notice from the DEPARTMENT, <br /> provide the DEPARTMENT with a corrective action plans describing how the COUNTY will <br /> address all issues of contract non-performance, unacceptable performance, failure to meet the <br /> minimum performance levels, deliverables deficiencies, or contract non-compliance. If the <br /> corrective action plans is unacceptable to the DEPARTMENT,the COUNTY shall be assessed a <br /> non-performance retainage equivalent to 10%of the total invoices amount. The retainage shall be <br /> applied to the invoice for the then-current billing period. The retainage shall be withheld until <br /> COUNTY resolves the deficiency. If the deficiency is subsequently resolved, the COUNTY may <br /> bill the DEPARTMENT for the retained amount during the next period. If the COUNTY in unable <br /> to resolve the deficiency, the funds retained may be forfeited at the end of the Agreement's term. <br /> I. The DEPARTMENT'S obligation to pay under this Agreement is contingent upon an <br /> annual appropriation by the Legislature. <br /> J. The COUNTY agrees to comply with Section 20.055(5),F.S.,and to incorporate in all <br /> subcontracts the obligation to comply with Section 20.055(5),F.S. <br /> K. The COUNTY providing goods and services to the DEPARTMENT should be aware <br /> of the following time frames. Upon receipt, the DEPARTMENT has five (5) business days to <br /> inspect and approve the goods and/or services unless the bid specifications, purchase order, or <br /> contract specifies otherwise. The DEPARTMENT has twenty (20) calendar days to deliver a <br /> request for payment(voucher)to the Department of Financial Services. The twenty(20)calendar <br /> days are measured from the latter of the date the invoice is received or the goods or services are <br /> received, inspected, and approved. <br /> L. If a payment is not available within forty (40) calendar days of an invoice being <br /> received and stamped with an official date and time of receipt by the DEPARTMENT, a separate <br /> interest penalty at a rate as established pursuant to Section 55.03(1), F.S.,will be due and payable, <br /> in addition to the invoice amount, to the COUNTY. Interest penalties of less than one (1) dollar <br /> will not be enforced unless the COUNTY requests payment. Invoices that have to be returned to <br /> the COUNTY because of COUNTY preparation errors will result in a delay in the payment. The <br /> invoice payment requirements do not start until a completed invoice, as approved by the <br /> DEPARTMENT, is provided to the DEPARTMENT. <br /> M. A Vendor Ombudsman has been established within the Department of Financial <br /> Services. The duties of this individual include acting as an advocate for contractors/vendors who <br /> may be experiencing problems in obtaining timely payments(s)from a state agency. The Vendor <br /> Ombudsman may be contacted at(850)413-5516. <br /> Page 5 <br />